HomeMy WebLinkAbout20210459 Ver 1_ePCN Application_20210904DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20210459
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Fayetteville Regional Office - (910) 433-3300
Information for Initial Review
la. Name of project:
Weeks Sand Pit #3
1a. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
brownenvgrp@gniail.com
Date Submitted
9/4/2021
Nearest Body of Water
Neills Coon Branch
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.2952-79.1132
A. Processing Information
County (or Counties) where the project is located:
Harnett
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Chad Turlington:eads\ccturlington
1c. Primary Contact Phone:*
(919)524-5956
Is this a courtesy copy notification?*
r Yes r No
ID#
Version
Pre -fling Meeting or Request Date
3/17/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form (15).pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
55.79KB
r 401 Water Quality Certification - E>q)ress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
J S WEEKS SAND COMPANY INC
2b. Deed book and page no.:
3745-0685
2c.Contact Person:
Joseph Weeks
r Yes r No
r Yes r No
2d.Address
Street Address
PO BOX 540
Address tine 2
City
Cameron
Postal / Zip Code
28326
2e. Telephone Number:
(919)499-4272
2g. Email Address:*
v4eeksshop@Wndstream.net
4. Agent/Consultant (if applicable)
4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc
4c.Address
Street Address
242 Batten Farm Road
Address tine 2
City
Selma
Postal / Zip 0,&
27576
4d. Telephone Number:
(919)524-5956
4f. Email Address:*
brownenvgrp@gmaii.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Cameron
F-
2. Project Identification
2a. Property Identification Number:
9556-64-8627.000
2c. Project Address
Street Address
(Enter through) 20710 NC Highway 24-27
Address Line 2
City
Cameron
Postal / Zip Ode
28326
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Neills Coon Branch
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Cape Fear
State / Rmince / R3gion
NC
Country
us
2f. Fax Number:
State / Rmince / Rion
NC
Country
us
4e. Fax Number:
2b. Property size:
293.45
State / Rmime / legion
NC
Country
us
3d. Please provide the 12-digit HUC in which the project is located.
030300040203
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The existing conditions on the site: the tract is mostly shrub vegetation with very poor ground cover. The area appears to have been logged a few years ago. The riparian areas along
the creeks have vegetation. The site touches an existing sand mine.
The general land use in the area is farm land and open face sand -gravel mining.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
-9.1 acres
4g. List the total estimated linear feet of all existing streams on the property:
-2740 If
4h. Explain the purpose of the proposed project:*
The purpose of this project is to be used for an open face sand and gravel mine.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The -293 acre tract will be used for sand, gravel open faced mining. Since the area was previously logged, there should be minor tree removal. There are existing paths on the site
which will be used for traveling the site. Existing creek crossings will be used until the new crossings are installed. There will be stream impact (0.012 acres) and wetland impact (0.131
acres).
The streams are first order streams. Bulldozers will be used to remove the overburden and track hoes will be used to mine the sand and gravel. Dump trucks will be used to haul the
mined product. The dug pits Will be reclaimed according to the approved reclamation plan in the mining permit. Care Will be taken to protect the remaining wetlands and streams. I'm not
aware of any indirect impacts.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2017-00956
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Wyatt Brown
Browns Environmental Group, Inc
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD Emily Greer, SAW-2017-00956.
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Not to my knowledge.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
V Wetlands W Streams -tributaries F Buffers
F- Open Waters F Pond Construction
2. Wetland Impacts
2at Reason (?) 2b. Impact type"(?) 2c. Type of W. 2d. W. name" 2e. Forested" 2f. Type of 2g. Impact
Jurisdicition*(?) area*
PC-1 culvert, fill P Small -Basin Wetland Wetland A Yes Both 0.025
(acres)
PC-2
culvert, fill
P
Small -Basin Wetland
Wetland A
Yes
Both
0.025
(acres)
PC-3
culvert, fill
P
Small -Basin Wetland
Wetland B
Yes
Both
0.081
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.131
2g. Total Permanent Wetland Impact
0.131
2i. Comments:
The riprap will be placed flush with the bottom of the channel and will not be subject toward mitigation.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type*
Type of
3gSwidth *
3h. Iurisdiction*
[3f.
length*
S1
PC-1
Permanent
Culvert
Stream 1
Intermittent
Both
33
Average (feet)
(linearfcet)
3Y
PC-2
Permanent
Culvert
Stream
Intermittent
Both
3Average(fee)
29�rfeet)
S3
PC-1
Permanent
Rip Rap Fill
Stream 1
Intermittent
Both
3Aver�ge
22nea
(fee)
feet)
HPC-2
Permanent
Ri Ra Fill
p p
Stream 2
Intermittent
Both
3
14
Average (feet)
(linearfeel)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
98
31. Total stream and ditch impacts:
98
31. Total temporary stream impacts:
0
3j. Comments:
Rip Rap will be placed flush with the bottom of the channel, the 22 Ift riprap on PC-1 and the 14 Ift of riprap on PC-2 will be placed flush with the
bottom of the channel and not subject to mitigation. The permanent stream impacts subject to mitigation is 0.007 acres.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
We are utilizing 1 lane crossings for the streams to minimize impacts. We are crossing the streams perpendicular as possible and utilizing eAsting
crossing locations where the wetlands are at their most narrow point.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
We will use a fabric line diversion channel to divert the clean water while the culverts are being installed in the dry. We will not perform culvert
installation in periods of high flow or when heavy rainfall is forecast. We will protect the epsting wetlands will silt fence and will seed and mulch the are
at the end of each work day.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
W DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4e. Riparian wetland mitigation requested:
(acres)
0.131 acres
4g. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
r Yes r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Not in a buffered basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
u
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This PCN is for the entire tract of land. The owner has no plans for further expansion.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
Se. Is this a DOT project located within Division's 1-8?
t^ Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?`°
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC Natural Heritage -Report attached below
IPaC- 1) Red -cockaded Woodpecker -"The red -cockaded woodpecker makes its home in mature pine forests." Project area was logged a few years
ago, no habitat, no affect. 2) American Alligator -Not endangered, "live along the edges of permanent bodies of water, such as lakes, swamps, and
rivers." Project area streams are first order intermittent streams, no habitat, no affect. 3) Cape Fear Shiner -The Cape Fear shiner is found most often
in shallow, rocky shoals within main river channels. Project area streams are first order streams, no habitat, no affect. 4) Rough -leaved Loosestrife-
"This species generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins" No habitat, No affect. I have walked
over the site and saw no evidence of this plant.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA website
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Website above
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r^ Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Website above
Miscellaneous
U
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Qick the upbad button a drag and drop files here to attach docum3l
Weeks Sand Pit #3 PCN Package.pdf 6.64MB
File crust be FCF or ME
Comments
Signature
*
R By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Wyatt Brown
Signature
Date
9/4/2021